The Londonderry sifter. (South Londonderry, Vt.) 1883-19??, 1887-09-29
WINDHAM COUNTY COURT.


Lynde rs DummerstOn. The plaintiff in
this case, Lewis IL. Lynde, paid his taxes
in 1885 in the town of Dummerston under
protest and brought suit against said
town to recover the same, his claim being
that they were fradu lently and unlawfully
assessed This was case which tie sted
the tax law of lSS0-S2 and called in ques-
ton the good faith of the listers of the
town in 1885. 1t appears that the town
assessed a tax of IS cents on a dollar of
the grand list in this year to defray state,
county, and town expenses. The listers
begun their work and handed IN the nven-
tories of the tax payers IN due season.
But it became known to the plaintiff and
others that many of the questions in these
inventories had be ell unanswered through
the negligence of the listers, and that con-
sequently large sums of money had not
been taxed. As a result of this the plain
titfclaimed he was paying more than his
share of the town taxes and was entitled
to recover from the town. The ablest
lawyers of the bar, participated in the
case. Haskins 4 Stoddard and C. b.
Eddy appeared for the town and Water
man 4 Martin and Judge L. NJ. Reed for
Lynde. Lynde was the first witness put
onto the stand. His examination revealed
that he was first of the board of select
men in 1855, and that he gave dir ectons
to the tax collector to collect the tax
which he claimed was illegally assessed
but he claimed this was a duty about the
legality of which he had some doubts.
VIM. o. Miller, town CLERK, was put on
the stand. He was asked to produce the
inventories of 1885. This he refused TO
do unless directed by the court. This
called forth long discussion between
counsel which resulted in decision that
special inventories might be drawn but
that no general examination of them
would be permitted. Upon this plaintiffs
counsel called some thirty or forty inven-
tories and begun an examination which
the town clerk had not permitted previous
ly. 1t appeared from those examined that
their had been many omissions in filling
them out, and from outside testimony it
was proven that several persons had sums
of money in and out of the state which
were not put down in the inventories but
which were taxable and would have gone
into the lists had the listers strictly fol
lowed the law. 1t was proven, also, that
in one instance a wife made out and
swOre to the inventory of her husband
The plaintiff proposed to show that the
ventories were not sworn to, but the
court ruled out this class of evidence as
being inadmissible since they appeared to
have been sworn to and only parol evil
dence could be produced to the contrary.
This shut out the plaintiffs strongest tes-
timony as touching the good faith Of the
listers. The town claimed that the lis
tiers acted in good faith though they did
not strictly comply with the law, and the
court was so broad in its definition of
good faith that the jury at once agreed
have been taken to the ruling and an ap-
peal will be made to the supreme court
This closed the civil list.
On Monday afternoon the court was
occupied with the only criminal case OF
the term, that of the state against Ran.
some Convey. This was a case of assault
and battery. 1t appeared that on the 26tl
day of last June young Convey and Pruci
some unfriendly remarks which led to al
assault upon Mr.. Marley, by the former
in which he received a serious blow iron
a cane just over the left temple. Cove
claimed justification on the ground OF
self defence. All the evidence seemed T.
be against this theory, and the jur
brought in verdict of guilty. On Mon
day afternoon Morton c. Davis appeal
ed in court and plead guilty to assault
with dangerous and deadly weapo
without intent to kill. He WIS fined S25
without costs. This he paid and returne
home to Putney. Many, doubtless, re
member the circumstances of his case TO
they were reported in all the papers i'm til
county year ago last winter. Davis wa
teaching school in Dummerston and wa
seriously annoyed and abused by Fran
III. Dodge of that town who made troubl
with the big boys in school and threaten
ed the teacher if he punished certai
ones. Davis knew he was coming on
certain day with an intent to make an as
sault upon him. So he armed himse
with revolver on that day and as Dode
was retreating from him after having a